Institute of Legal and Management Studies

The Supreme Court on Tuesday (September 16) expressed concerns over the trend of many retired High Court Judges expressing unwillingness to accept appointments as Tribunal members after their retirement. The Court observed that the reluctance on the part of the retired Judges is due to the lack of proper amenities in the Tribunals, which is the fault of the Union Government.

A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan was dealing with the issue of retired Judges declining appointments as Judicial Members of the National Green Tribunal.

The bench was hearing a writ petition filed by NGT Bar Association Western Zone, raising the issue of vacancies. The Union submitted that two ex-Judges, who were offered appointments, did not take charge. Hence, the appointment process will have to be started afresh, which will take time.

The bench disapproved of the conduct of retired Judges in declining appointments. "This is also not correct on the part of retired High Court Judges. They don't want to go here and there.." Justice Nagarathna said. However, the Judge added that lack of proper facilities was deterring them from accepting the posts..

Addressing Additional Solicitor General Vikramjit Banerjee, Justice Nagarathna said :

"I will tell you Mr.ASG, one of the reasons is, they then get the reality of it, what it is to be a Tribunal member. Some of them, if they are Chairpersons, they were former Chief Justices of High Courts, or former Judges of the Supreme Court. No facility whatsoever is provided to them. Even for stationary they have to go on requesting. How are you treating the Tribunals? The fault lies with you (Union). You have created the Tribunals. The Parliament has passed the Acts. Judicial impact is not taken. No expenditure is given. They have to go on begging- give us stationary, give us housing, give us this, give us car. The most rickety car in your department is given to the Tribunal Chairman. How are you treating the former Chief Justices and Judges? Therefore, they have a reason not to accept it, because the reality flashes to them."

Justice Nagarathna said that after the appointment order, the retired Judges feel a lot of uncertainty about their housing and other amenities.

"We are telling you without casting any aspersions anywhere. Please treat former Chief Justices, former Judges of the High Court who accept your posts with dignity."

Justice Mahadevan then pointed out that last week, a judgment was passed by a bench of Justice Pardiwala and Justice Mahadevan directing the Union to upgrade the facilities in NCLTs.

"We don't find fault with the former Judges and former Chief Justices in not joining. Have a committee of different Ministries, including the DoPT, to see what are the lapses and loopholes. Have a uniform manner in which you can provide infrastructure and facilities. After all, they are former Chief Justices and former Judges of the Supreme Court or High Courts," Justice Nagarathna said.

ASG Banerjee said that he was taking the observations of the bench in the right spirit and undertook to convey the message to the Government. He added that in certain situations, former Judges are not willing to accept postings outside Delhi.

Justice Nagarathna said it was important that Tribunal members, who get salaries minus pension, should get housing, office, infrastructure and transport facilities. "You give them the most rickety car. Or some taxi is sent. Different fellow comes everyday to pick up the judicial member," Justice Nagarathna said.

If the Union cannot provide the facilities, then "abolish all the Tribunals and give all matters to High Courts", added the Judge. Justice Nagarathna mentioned that many States have abolished Administrative Tribunals after realising that it was a failed experiment. "If you want to have tribunalisation, let it not be in a negative way. Convey our sentiments," Justice Nagarathna told the ASG.

Although the petitioner requested that the existing members be allowed to continue beyond their retirement till the new members are appointed, the Court declined. The Court said that it expected the vacancies to be filled up "as expeditiously as possible". The Court noted also noted the Selection Committee has started the process to fill up the vacancies. The matter was therefore adjourned till December 16, 2025.

Case : NGT BAR ASSOCIATION WESTERN ZONE Vs UNION OF INDIA | W.P.(C) No. 72/2025